Defendant is charged in count of the indictment with possession of certain
fraudulent receipts, universal product code (UPC) labels and checks.The statute upon which this charge is based
states in pertinent part:

[A]ny person who
knowingly possesses a forged or altered [choose appropriate] retail sales
receipt, universal product code label or check for the purpose of defrauding a
retail merchant is guilty of an offense.

In
order to find the defendant guilty of this the State must prove beyond a
reasonable doubt the following elements:

The first element that the State
must prove beyond a reasonable doubt is that defendant knowingly possessed
forged or altered [choose appropriate] retail sales receipts, universal product
code labels or checks.

A person acts knowingly with respect
to the nature of his/her
conduct or the attendant circumstances if he/she is aware that his/her
conduct is of the nature, or that such circumstances exist, or he/she is aware of a high probability of their existence.A person acts knowingly with respect to a result
of his/her
conduct if he/she is aware that it is practically certain that his/her
conduct will cause such a result.“Knowingly,” “with knowledge,” or equivalent terms have the same
meaning.

(Use
appropriate model jury charge on possession)

To
forge means falsely making or materially altering a genuine writing.To alter means to modify or change.

The second element that the State
must prove beyond a reasonable doubt is that defendant acted with the purpose to
defraud a retail merchant.

A person acts purposely with respect
to the nature of his/her
conduct or the result of that conduct if it is his/her
conscious object to engage in conduct of that nature or to cause such a result.
A person acts purposely with respect to
attendant circumstances if the person is aware of the existence of such
circumstances or believes or hopes that they exist.“With purpose,” “designed,” “with design,” or
equivalent terms have the same meaning.

To defraud means to deprive a person
of property or any interest, estate, or right by deceit, artifice, trickery or
cheat.

A retail merchant means a person
engaged in the business of selling or exchanging goods for cash or barter or
any consideration on the assumption that the purchaser of the goods has
acquired the goods for ultimate consumption or use.[1]

Purposely or knowingly are states of
mind and cannot be seen and can only be determined by inference from conduct,
words or acts.Therefore, it is not necessary
that witnesses be produced by the State to testify that a defendant said that he/she purposely or knowingly did something.His/Her purpose or knowledge may be gathered from his/her
acts and his/her
conduct and from all he/she said and did at the particular time and place and from all the
surrounding circumstances reflected in the testimony [and evidence adduced at
trial].

If you find that the State has
proven the elements of the offense beyond a reasonable doubt, then you must
find defendant guilty.If, however, you
find that the State has failed to prove any of these elements of the offense
beyond a reasonable doubt, then you must find defendant not guilty.

If you find that the State has
proven both elements beyond a reasonable doubt, then you must further determine
whether defendant possessed 15 or more forged or altered retail sales
receipts.You must indicate whether you
find that the State has proven beyond a reasonable doubt that defendant
possessed 15 or more forged or altered sales receipts, UPC labels or checks.